In this podcast, Michael Carter explains the basis for the tort of 'passing off' and outlines the circumstances in which it can be used alongside, or in place of, trademark rights to protect 'goodwill' in a business.

Slaughter and May has advised longstanding client Arsenal Football Club on its summer transfer dealings, including the club record signing of Real Madrid midfielder Mesut Ozil.
The Germany international completed his move last night (2 April) in a deal valued at £42.4m, one of the biggest-ever transfer fees paid by a Premier League club.

Speechly Bircham has opened an office in Geneva today (2 September), ahead of the planned launch of another European office this November.
The new office will be led by former Withers lawyer Michael Wells-Greco and of counsel Francis Rojas, who both left the firm in 2011 to join Luxembourg-based personal wealth outfit Maitland.

Charles Russell is launching a new office in Qatar as the UK top 50 firm moves to ramp up its presence in the Middle East.
The firm has received its licence from the Qatar Financial Centre Authority, effective as of 29 July, and will officially open the new Doha base in early September.

Speechly Bircham has posted flat revenues for 2012-13 following a series of management changes and partner exits that are expected to see the firm's partner profits rise 25% next year.
The City firm took in fee income of £57.5m for the last financial year, broadly in line with the 2011-12 figure of £57.6m, while profits per equity partner (PEP) fell 3% from £303,000 to £293,000.
Over the last financial year around 17 partners have left the firm – six of which were retirements, with one more to take effect in October. Meanwhile, six partners have been asked to leave, alongside a number of departures to other law firms and moves in-house.

Charles Russell has unveiled solid financial results for 2012-13 as the firm pulls together a new management line-up in the wake of senior partner Patrick Russell's retirement.
The UK top 50 firm saw fee income rise 1% during the year to almost £69m, with profits per equity partner up 7% to around £300,000.
Meanwhile, private client partner Christopher Page – who has been with the firm since 1997 – has been appointed to succeed Russell as senior partner, with corporate and commercial partner Keir Gordon named deputy senior partner. Both men's terms will run for three years from 1 May.

Withers and Speechly Bircham have opted against a merger of the two firms, following votes at both firms earlier this week.
A spokesperson for both firms said: "Following detailed discussions between the management and partnerships of Withers and Speechly Bircham, both sides have now concluded that a merger would not be in the best interests of both firms and have agreed not to pursue this further.

Withers and Speechly Bircham are to vote next week on a potential merger which could create a UK top 25 law firm known as Withers Speechly Bircham (WSB).
Speechly's interim vote is on Tuesday (21 May) and Withers' is on Wednesday (22 May), with the news coming after the private client focused firms issued a joint statement on 25 March confirming preliminary discussions were taking place.

Taylor Wessing has recruited private client partner Sanjvee Shah from Speechly Bircham as part of a bid to develop the firm's practice in regions including the Middle East, Southeast Asia and India.
Shah, who joins Taylor Wessing's City office, made partner at Speechly in 2009 after joining the firm in 2006. She will joing her new firm next Tuesday (7 May), will bring Taylor Wessing's private client partner count to 23.